1 2025:CGHC:60293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10226 of 2025 Aman Bhaure S/o Sanju Bhaure Aged About 22 Years R/o Fazalbada, P.S. City Kotwali District- Bilaspur (C.G.) (Details Of Applicant As Per Challan) ... Applicant versus State Of Chhattisgarh Through - The Police Station City Kotwali, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Vikas Patel, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 404/2025, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 109(1) and 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that on 11.08.2025, the complainant and his father were returning from Mangla on a motorcycle. Near Juna Bilaspur, the accused persons, who were riding motorcycle No. CG- 10/BX/8253 in a negligent manner, were confronted by the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 complainant. An altercation ensued during which one of the accused allegedly assaulted and stabbed the complainant's father with a sharp weapon. Following the FIR, the police initiated investigation, arrested the main accused Saif Khan, and based on his memorandum, apprehended the present applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedent registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and as per the query report the doctor has opined that the injury sustained to the injured are not grievous in nature, and it is the co-accused who has assaulted the injured Arman Khan, and the seizure of the knife has also been made from the possession of Arman Khan. The applicant is in jail since 12.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedent registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co-accused is said to have assaulted the injured with knife on account of which the injured has sustained stab injuries, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedent registered against the present applicant, the charge-sheet has been filed in this case and as per the query report the doctor has opined that the injury sustained to the injured are not grievous in nature, and it is the co-accused who has assaulted the injured Arman Khan, and the seizure of the knife has also been made from the possession of Arman Khan, the applicant is in jail since 12.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Aman Bhaure, involved in Crime No. 404/2025, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 109(1) and 3(5) of BNS and Sections 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar